Public safety bills moving forward in legislature

By Kevin Kinney
Posted 2/10/21

This session, I’m working on several bills to improve public safety, and am pleased to see them moving forward in the legislative process.

SSB 1054, known as a “failure to …

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Public safety bills moving forward in legislature

Posted

This session, I’m working on several bills to improve public safety, and am pleased to see them moving forward in the legislative process.

SSB 1054, known as a “failure to assist” bill, is in response to the drowning death in Coralville Lake of 15-year-old Noah Herring of Tipton.

Last year, Noah went missing after going swimming with friends. It was later learned he had drowned, but nobody with him had called for help. There is no applicable charge under Iowa law, in this case, for not calling 911 or taking other steps to help.

There was no indication of foul play in Noah’s death, but the lack of immediate information about what happened to him delayed the investigation and caused a lot of additional suffering for Noah’s family. No Iowa family should suffer like that.

This bill fixes a loophole by requiring people to report to authorities if they know someone is dead or injured. The bill made it through subcommittee this week, jumping the first hurdle of the legislative process. Thank you to Noah’s family for participating in the subcommittee meeting via Zoom.

SF 171, which I got passed out of committee this week, makes it a class “D” felony for a peace officer to engage in a sex act with an individual in their custody. Under current Iowa law, this is not prohibited if the sex act is claimed to be “consensual.”

Iowa is one of around 33 states that does not outlaw this behavior, and there have been news stories in recent years highlighting the lack of state laws prohibiting sex acts between officers and detainees. The power imbalance is significant between a law enforcement officer and a detainee. And although it is hoped that the occurrence of such behavior is infrequent, it is not unheard of and needs to be addressed through legislation.

Iowa law does prohibit any employee, including a peace officer, who works at a jail, prison or juvenile detention facility from engaging in a sex act with a person confined to the prison, jail or juvenile facility.

Under current law, it’s a serious misdemeanor for a person other than a parent or guardian to knowingly provide obscene material to a minor. SF 45 also makes it a crime for parents or guardians who’ve been convicted of a sex offense against a minor to provide obscene material to their children. Providing obscene material to minors is often a way of grooming them.

State Senator Kevin Kinney represents Iowa Senate District 39, which includes Keokuk County and much of Washington and Johnson counties. Contact him at 319-631-4667. E-mail him at kevin.kinney@legis.iowa.gov.